Case Summaries

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Re R [2018] EWFC 28-1

Judgment of Baker J in care proceedings concerning an 11 year old girl who suffers from a number of profound disabilities and will need care and support for the rest of her life. Final care order made and arguments for an interim care order rejected.

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Ahmad v Wood & Anor [2018] EWHC 996 (QB)

Damages claim alleging negligence and/or breach of terms of engagement in respect of the conduct of matrimonial proceedings and a cross-application by the Defendants seeking strike out of the claim as an abuse of process or as not disclosing reasonable grounds for the claim or alternatively, summary judgment pursuant to CPR Pt 24.2.

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PW v Chelsea And Westminster Hospital NHS Foundation Trust & Others [2018] EWCA Civ 1067

An application to the Court of Appeal for permission to appeal a “best interests” decision and transparency order concerning a patient with end stage dementia.

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Villiers v Villiers [2018] EWCA Civ 1120

An appeal concerning the interpretation of the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 in the context of an application pursuant to s.27 of the Matrimonial Causes Act 1973.

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S (A Child) (Article 16 and 18 BIIa and Article 19 EU Service Regulation) [2017] EWHC 3768 (Fam)

Judgment of Mr Justice Williams considering the issues of habitual residence, jurisdiction in accordance with article 19 of Brussels IIa, article 18 of Brussels II and article 19 of the EU service regulations.

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S & V (Children – Leave to Remove) [2018] EWFC 26

Application by a mother to return to Ukraine with the parties’ two children. Application dismissed.

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Tish and Others v Olley & Ors [2018] EWHC 1069 (Ch)

Rose J’s judgment on a preliminary issue in a claim brought under the Inheritance Act 1975, namely the construction of a term of the deceased’s will purporting to provide ongoing maintenance to his children by way of reference to a previous financial remedy consent order.

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VS v RE [2018] EWFC 30

Judgment of Mostyn J determining that the family court can order the sale of a property that is subject to a charging order. He sternly reminds family practitioners that even complex cases should be heard in the family court, not in the High Court.

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Dobson v Griffey [2018] EWHC 1117 (Ch)

Judgment involving a careful application of constructive trust and proprietary estoppel doctrines which determines that a cohabitant had no equitable interest in a farm property in which she had lived and in respect of which she had made contributions.

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Hart v Hart [2018] EWCA Civ 1053

Court of Appeal judgment dealing with a husband’s appeal against a committal order made within financial remedy proceedings.

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Versteegh v Versteegh [2018] EWCA Civ 1050

The wife appealed against a financial remedy proceedings order wherein she received approximately half the non-business assets (£51.4m) together with a 23.41% interest in a business that had been created by and run by the husband under a trust structure.

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Y (A Child) (S.38(6) Assessment) [2018] EWCA Civ 992

Appeal concerning the powers of the court to make an order for assessment of a child under section 38(6) of the Children Act 1989.

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X (A Child) (No 6) [2018] EWHC 1005 (Fam)

Further judgment by the President in care proceedings concerning a ‘very disturbed’ teenager.

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IH v Secretary of State for Work and Pensions and EH (CSM) (Child support – calculation of income) [2018] UKUT 142 (AAC)

The Upper Tribunal allowed the father’s appeal and remitted the case to the Child Maintenance Service to recalculate child support liability due to an error on a point of law.

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A Local Authority v M & N (Female Genital Mutilation Protection Order – FGMPO) [2018] EWHC 870 (Fam)

Judgment by Hayden J in respect of a local authority’s application for a Female Genital Mutilation Protection Order to prevent an infant travelling to the Sudan with her mother.

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R-E (Children) [2018] EWCA Civ 953

Judgment in Court of Appeal as to whether there had been an “unfair summary disposal” of the parents’ application for a rehearing of care proceedings.

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